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SF 2634

3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 05/16/2010 04:16pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 3rd Engrossment

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A bill for an act
relating to public safety; making numerous changes to the forfeiture law;
expanding the reporting requirements related to forfeiture; requiring model
policies on forfeiture; requiring officers to give forfeiture receipts upon seizure
of property; implementing timelines for forfeiture notice and hearings; placing a
cap on the value of property that may be forfeited administratively; authorizing
petitions for remission and mitigation of seized property; requiring certification
by prosecutor before property may be forfeited administratively; prohibiting
sale of forfeited property to law enforcement officers, employees, and family
members; amending Minnesota Statutes 2008, sections 97A.221, by adding
a subdivision; 97A.223, by adding a subdivision; 97A.225, by adding a
subdivision; 169A.63, by adding a subdivision; 491A.01, subdivision 3; 609.531,
subdivisions 4, 5, 5a, by adding subdivisions; 609.5311, subdivision 3; 609.5313;
609.5314, subdivisions 2, 3; 609.5315, subdivisions 1, 2, 6; 609.762, by adding
a subdivision; 609.905, by adding a subdivision; Minnesota Statutes 2009
Supplement, section 84.7741, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2009 Supplement, section 84.7741, is amended by
adding a subdivision to read:


new text begin Subd. 13. new text end

new text begin Reporting. new text end

new text begin The appropriate agency and prosecuting authority shall report
on forfeitures occurring under this section as described in section 609.5315, subdivision 6.
new text end

Sec. 2.

Minnesota Statutes 2008, section 97A.221, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Reporting. new text end

new text begin The appropriate agency and prosecuting authority shall report
on forfeitures of firearms, bows, and motor vehicles occurring under this section as
described in section 609.5315, subdivision 6.
new text end

Sec. 3.

Minnesota Statutes 2008, section 97A.223, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Reporting. new text end

new text begin The appropriate agency and prosecuting authority shall report
on forfeitures of firearms, bows, and motor vehicles occurring under this section as
described in section 609.5315, subdivision 6.
new text end

Sec. 4.

Minnesota Statutes 2008, section 97A.225, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Reporting. new text end

new text begin The appropriate agency and prosecuting authority shall report
on forfeitures occurring under this section as described in section 609.5315, subdivision 6.
new text end

Sec. 5.

Minnesota Statutes 2008, section 169A.63, is amended by adding a subdivision
to read:


new text begin Subd. 12. new text end

new text begin Reporting. new text end

new text begin The appropriate agency and prosecuting authority shall report
on forfeitures occurring under this section as described in section 609.5315, subdivision 6.
new text end

Sec. 6.

Minnesota Statutes 2008, section 491A.01, subdivision 3, is amended to read:


Subd. 3.

Jurisdiction; general.

(a) Except as provided in subdivisions 4 and 5,
the conciliation court has jurisdiction to hear, conciliate, try, and determine civil claims if
the amount of money or property that is the subject matter of the claim does not exceed
deleted text begin $6,000 or, on and after July 1, 1994,deleted text end new text begin: (1) new text end$7,500deleted text begin, ordeleted text endnew text begin; (2) new text end $4,000new text begin,new text end if the claim involves
a consumer credit transactionnew text begin; or (3) $15,000, if the claim involves money or personal
property subject to forfeiture under section 609.5311, 609.5312, 609.5314, or 609.5318
new text end.
"Consumer credit transaction" means a sale of personal property, or a loan arranged to
facilitate the purchase of personal property, in which:

(1) credit is granted by a seller or a lender who regularly engages as a seller or
lender in credit transactions of the same kind;

(2) the buyer is a natural person;

(3) the claimant is the seller or lender in the transaction; and

(4) the personal property is purchased primarily for a personal, family, or household
purpose and not for a commercial, agricultural, or business purpose.

(b) Except as otherwise provided in this subdivision and subdivisions 5 to 10, the
territorial jurisdiction of conciliation court is coextensive with the county in which the
court is established. The summons in a conciliation court action under subdivisions 6 to
10 may be served anywhere in the state, and the summons in a conciliation court action
under subdivision 7, paragraph (b), may be served outside the state in the manner provided
by law. The court administrator shall serve the summons in a conciliation court action
by first class mail, except that if the amount of money or property that is the subject of
the claim exceeds $2,500, the summons must be served by the plaintiff by certified mail,
and service on nonresident defendants must be made in accordance with applicable law
or rule. Subpoenas to secure the attendance of nonparty witnesses and the production of
documents at trial may be served anywhere within the state in the manner provided by law.

When a court administrator is required to summon the defendant by certified mail
under this paragraph, the summons may be made by personal service in the manner
provided in the Rules of Civil Procedure for personal service of a summons of the district
court as an alternative to service by certified mail.

Sec. 7.

Minnesota Statutes 2008, section 609.531, subdivision 4, is amended to read:


Subd. 4.

Seizure.

new text begin(a) new text endProperty subject to forfeiture under sections 609.531 to
609.5318 may be seized by the appropriate agency upon process issued by any court
having jurisdiction over the property. Property may be seized without process if:

(1) the seizure is incident to a lawful arrest or a lawful search;

(2) the property subject to seizure has been the subject of a prior judgment in favor
of the state in a criminal injunction or forfeiture proceeding under this chapter; or

(3) the appropriate agency has probable cause to believe that the delay occasioned
by the necessity to obtain process would result in the removal or destruction of the
property and that:

(i) the property was used or is intended to be used in commission of a felony; or

(ii) the property is dangerous to health or safety.

If property is seized without process under item (i), the county attorney must institute
a forfeiture action under section 609.5313 as soon as is reasonably possible.

new text begin (b) When property is seized, the officer must provide a receipt to the person found in
possession of the property; or in the absence of any person, the officer must leave a receipt
in the place where the property was found, if reasonably possible.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to
seizures conducted on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2008, section 609.531, subdivision 5, is amended to read:


Subd. 5.

Right to possession vests immediately; custody of seized property.

All right, title, and interest in property subject to forfeiture under sections 609.531 to
609.5318 vests in the appropriate agency upon commission of the act or omission giving
rise to the forfeiture. Any property seized under sections 609.531 to 609.5318 is not
subject to replevin, but is deemed to be in the custody of the appropriate agency subject to
the orders and decrees of the court having jurisdiction over the forfeiture proceedings.
When property is so seized, the appropriate agency new text beginshall use reasonable diligence to
secure the property and prevent waste and
new text endmaynew text begin do any of the followingnew text end:

(1) place the property under seal;

(2) remove the property to a place designated by it;new text begin and
new text end

(3) in the case of controlled substances, require the state Board of Pharmacy to
take custody of the property and remove it to an appropriate location for disposition in
accordance with lawdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (4) take other steps reasonable and necessary to secure the property and prevent
waste.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to seized
property in possession on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2008, section 609.531, subdivision 5a, is amended to read:


Subd. 5a.

Bond by owner for possession.

(a) If the owner of property that has been
seized under sections 609.531 to 609.5318 seeks possession of the property before the
forfeiture action is determined, the owner maydeleted text begin, subject to the approval of the appropriate
agency,
deleted text end give security or post bond payable to the appropriate agency in an amount equal
to the retail value of the seized property. On posting the security or bond, the seized
property must be returned to the owner and the forfeiture action shall proceed against the
security as if it were the seized property. This subdivision does not apply to contraband
propertynew text begin or property being held for investigatory purposesnew text end.

(b) If the owner of a motor vehicle that has been seized under this section seeks
possession of the vehicle before the forfeiture action is determined, the owner may
surrender the vehicle's certificate of title in exchange for the vehicle. The motor vehicle
must be returned to the owner within 24 hours if the owner surrenders the motor vehicle's
certificate of title to the appropriate agency, pending resolution of the forfeiture action. If
the certificate is surrendered, the owner may not be ordered to post security or bond as a
condition of release of the vehicle. When a certificate of title is surrendered under this
provision, the agency shall notify the Department of Public Safety and any secured party
noted on the certificate. The agency shall also notify the department and the secured party
when it returns a surrendered title to the motor vehicle owner.

Sec. 10.

Minnesota Statutes 2008, section 609.531, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Petition for remission or mitigation. new text end

new text begin Prior to the entry of a court order
disposing with the forfeiture action, any person who has an interest in forfeited property
may file with the county attorney a petition for remission or mitigation of the forfeiture.
The county attorney may remit or mitigate the forfeiture upon terms and conditions the
county attorney deems reasonable if the county attorney finds that: (1) the forfeiture was
incurred without willful negligence or without any intention on the part of the petitioner to
violate the law; or (2) extenuating circumstances justify the remission or mitigation of
the forfeiture.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 11.

Minnesota Statutes 2008, section 609.531, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Forfeiture policies; statewide model policy required. new text end

new text begin (a) By December
1, 2010, the Peace Officer Standards and Training Board, after consulting with the
Minnesota County Attorneys Association, the Minnesota Sheriffs' Association, the
Minnesota Chiefs of Police Association, and the Minnesota Police and Peace Officers
Association, shall develop a model policy that articulates best practices for forfeiture
and is designed to encourage the uniform application of forfeiture laws statewide. At a
minimum, the policy shall address the following:
new text end

new text begin (1) best practices in pursuing, seizing, and tracking forfeitures;
new text end

new text begin (2) type and frequency of training for law enforcement on forfeiture laws; and
new text end

new text begin (3) situations in which forfeitures should not be pursued.
new text end

new text begin (b) By December 1, 2010, the Minnesota County Attorneys Association, after
consulting with the attorney general, the Peace Officer Standards and Training Board,
the Minnesota Sheriffs' Association, the Minnesota Chiefs of Police Association, and
the Minnesota Police and Peace Officers Association, shall develop a model policy that
articulates best practices for forfeiture and is designed to encourage the uniform application
of forfeiture laws statewide. At a minimum, the policy shall address the following:
new text end

new text begin (1) statutory role of prosecutors in forfeiture procedures;
new text end

new text begin (2) best practices for timely and fair resolution of forfeiture cases;
new text end

new text begin (3) type and frequency of training for prosecutors on forfeiture laws; and
new text end

new text begin (4) situations in which forfeitures should not be pursued.
new text end

new text begin (c) By December 1, 2010, the Minnesota County Attorneys Association and the
Peace Officer Standards and Training Board shall forward an electronic copy of its
respective model policy to the chairs and ranking minority members of the senate and
house of representatives committees having jurisdiction over criminal justice and civil
law policy.
new text end

new text begin (d) By March 1, 2011, the chief law enforcement officer of every state and local law
enforcement agency and every prosecution office in the state shall adopt and implement a
written policy on forfeiture that is identical or substantially similar to the model policies
developed under paragraphs (a) and (b). The written policy shall be made available to
the public upon request.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 12.

Minnesota Statutes 2008, section 609.5311, subdivision 3, is amended to read:


Subd. 3.

Limitations on forfeiture of certain property associated with controlled
substances.

(a) A conveyance device is subject to forfeiture under this section only if the
retail value of the controlled substance is deleted text begin$25deleted text endnew text begin $75new text end or more and the conveyance device is
associated with a felony-level controlled substance crime.

(b) Real property is subject to forfeiture under this section only if the retail value of
the controlled substance or contraband is deleted text begin$1,000deleted text endnew text begin $2,000new text end or more.

(c) Property used by any person as a common carrier in the transaction of business
as a common carrier is subject to forfeiture under this section only if the owner of the
property is a consenting party to, or is privy to, the use or intended use of the property as
described in subdivision 2.

(d) Property is subject to forfeiture under this section only if its owner was privy to
the use or intended use described in subdivision 2, or the unlawful use or intended use of
the property otherwise occurred with the owner's knowledge or consent.

(e) Forfeiture under this section of a conveyance device or real property encumbered
by a bona fide security interest is subject to the interest of the secured party unless the
secured party had knowledge of or consented to the act or omission upon which the
forfeiture is based. A person claiming a security interest bears the burden of establishing
that interest by clear and convincing evidence.

(f) Forfeiture under this section of real property is subject to the interests of a good
faith purchaser for value unless the purchaser had knowledge of or consented to the act or
omission upon which the forfeiture is based.

(g) Notwithstanding paragraphs (d), (e), and (f), property is not subject to forfeiture
based solely on the owner's or secured party's knowledge of the unlawful use or intended
use of the property if: (1) the owner or secured party took reasonable steps to terminate
use of the property by the offender; or (2) the property is real property owned by the
parent of the offender, unless the parent actively participated in, or knowingly acquiesced
to, a violation of chapter 152, or the real property constitutes proceeds derived from or
traceable to a use described in subdivision 2.

(h) The Department of Corrections Fugitive Apprehension Unit shall not seize
a conveyance device or real property, for the purposes of forfeiture under paragraphs
(a) to (g).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to
offenses committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2008, section 609.5313, is amended to read:


609.5313 FORFEITURE BY JUDICIAL ACTION; PROCEDURE.

new text begin (a) new text endThe forfeiture of property under sections 609.5311 and 609.5312 is governed
by this section. A separate complaint must be filed against the property stating the act,
omission, or occurrence giving rise to the forfeiture and the date and place of the act or
occurrence. new text beginWithin 60 days from when the seizure occurs, new text endthe county attorney shall notify
the owner or possessor of the property of the action, if known or readily ascertainable.
The action must be captioned in the name of the county attorney or the county attorney's
designee as plaintiff and the property as defendant. new text beginUpon motion by the county attorney, a
court may extend the time period for sending notice for a period not to exceed 90 days for
good cause shown.
new text end

new text begin (b) If notice is not sent in accordance with paragraph (a), and no time extension
is granted or the extension period has expired, the appropriate agency shall return the
property to the person from whom the property was seized, if known. An agency's
return of property due to lack of proper notice does not restrict the right of the agency
to commence a forfeiture proceeding at a later time. The agency shall not be required to
return contraband or other property that the person from whom the property was seized
may not legally possess.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to
offenses committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2008, section 609.5314, subdivision 2, is amended to read:


Subd. 2.

Administrative forfeiture procedure.

(a) Forfeiture of property described
in subdivision 1 new text beginthat does not exceed $50,000 in value new text endis governed by this subdivision.
new text begin Within 60 days from new text endwhen seizure occurs, deleted text beginor within a reasonable time after that,deleted text end all
persons known to have an ownership, possessory, or security interest in seized property
must be notified of the seizure and the intent to forfeit the property. In the case of a motor
vehicle required to be registered under chapter 168, notice mailed by certified mail to the
address shown in Department of Public Safety records is deemed sufficient notice to the
registered owner. The notification to a person known to have a security interest in seized
property required under this paragraph applies only to motor vehicles required to be
registered under chapter 168 and only if the security interest is listed on the vehicle's title.new text begin
Upon motion by the appropriate agency or county attorney, a court may extend the time
period for sending notice for a period not to exceed 90 days for good cause shown.
new text end

(b) Notice may otherwise be given in the manner provided by law for service of a
summons in a civil action. The notice must be in writing and contain:

(1) a description of the property seized;

(2) the date of seizure;

(3) notice of the right to obtain judicial review of the forfeiture and of the procedure
for obtaining that judicial review, printed in English, Hmong, new text beginSomali, new text endand Spanish.
Substantially the following language must appear conspicuously: deleted text begin"IF YOU DO NOT
DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA
STATUTES, SECTION 609.5314, SUBDIVISION 3, YOU LOSE THE RIGHT TO
A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY
RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY. YOU MAY
NOT HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU
ARE UNABLE TO AFFORD THE FEE. IF THE PROPERTY IS WORTH $7,500 OR
LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT. YOU DO NOT
HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS
WORTH LESS THAN $500."
deleted text end new text begin"If you do not demand judicial review exactly as prescribed
in Minnesota Statutes, section 609.5314, subdivision 3, you lose the right to a judicial
determination of this forfeiture and you lose any right you may have to the above
described property. You may not have to pay the filing fee for the demand if determined
you are unable to afford the fee. If the property is worth $15,000 or less, you may file
your claim in conciliation court. You do not have to pay the conciliation court filing fee
if the property is worth less than $500."
new text end

new text begin (c) If notice is not sent in accordance with paragraph (a), and no time extension
is granted or the extension period has expired, the appropriate agency shall return the
property to the person from whom the property was seized, if known. An agency's
return of property due to lack of proper notice does not restrict the right of the agency
to commence a forfeiture proceeding at a later time. The agency shall not be required to
return contraband or other property that the person from whom the property was seized
may not legally possess.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to
offenses committed on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2008, section 609.5314, subdivision 3, is amended to read:


Subd. 3.

Judicial determination.

(a) Within 60 days following service of a notice
of seizure and forfeiture under this section, a claimant may file a demand for a judicial
determination of the forfeiture. The demand must be in the form of a civil complaint and
must be filed with the court administrator in the county in which the seizure occurred,
together with proof of service of a copy of the complaint on the county attorney for that
county, and the standard filing fee for civil actions unless the petitioner has the right to
sue in forma pauperis under section 563.01. If the value of the seized property is $7,500
or less, the claimant may file an action in conciliation court for recovery of the seized
property. If the value of the seized property is less than $500, the claimant does not
have to pay the conciliation court filing fee. No responsive pleading is required of the
county attorney and no court fees may be charged for the county attorney's appearance
in the matter. new text beginThe hearing must be held at the earliest practicable date, and in any event
no later than 180 days following the filing of the demand by the claimant. If a related
criminal proceeding is pending, the hearing shall not be held until the conclusion of the
criminal proceedings. The district court administrator shall schedule the hearing as
soon as practicable after adjudication in the criminal prosecution.
new text endThe proceedings are
governed by the Rules of Civil Procedure.

(b) The complaint must be captioned in the name of the claimant as plaintiff and
the seized property as defendant, and must state with specificity the grounds on which
the claimant alleges the property was improperly seized and the plaintiff's interest in the
property seized. Notwithstanding any law to the contrary, an action for the return of
property seized under this section may not be maintained by or on behalf of any person
who has been served with a notice of seizure and forfeiture unless the person has complied
with this subdivision.

(c) If the claimant makes a timely demand for judicial determination under this
subdivision, the appropriate agency must conduct the forfeiture under section 609.531,
subdivision 6a
. The limitations and defenses set forth in section 609.5311, subdivision 3,
apply to the judicial determination.

(d) If a demand for judicial determination of an administrative forfeiture is filed
under this subdivision and the court orders the return of the seized property, the court shall
order that filing fees be reimbursed to the person who filed the demand. In addition, the
court may order sanctions under section 549.211. If the court orders payment of these
costs, they must be paid from forfeited money or proceeds from the sale of forfeited
property from the appropriate law enforcement and prosecuting agencies in the same
proportion as they would be distributed under section 609.5315, subdivision 5.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to
offenses committed on or after that date.
new text end

Sec. 16.

Minnesota Statutes 2008, section 609.5315, subdivision 1, is amended to read:


Subdivision 1.

Disposition.

(a) Subject to paragraph (b), if the court finds under
section 609.5313, 609.5314, or 609.5318 that the property is subject to forfeiture, it shall
order the appropriate agency to do one of the following:

(1) unless a different disposition is provided under clause (3) or (4), either destroy
firearms, ammunition, and firearm accessories that the agency decides not to use for
law enforcement purposes under clause (8), or sell them to federally licensed firearms
dealers, as defined in section 624.7161, subdivision 1, and distribute the proceeds under
subdivision 5 or 5b;

(2) sell property that is not required to be destroyed by law and is not harmful to the
public and distribute the proceeds under subdivision 5 or 5b;

(3) sell antique firearms, as defined in section 624.712, subdivision 3, to the public
and distribute the proceeds under subdivision 5 or 5b;

(4) destroy or use for law enforcement purposes semiautomatic military-style assault
weapons, as defined in section 624.712, subdivision 7;

(5) take custody of the property and remove it for disposition in accordance with law;

(6) forward the property to the federal drug enforcement administration;

(7) disburse money as provided under subdivision 5 or 5b; or

(8) keep property other than money for official use by the agency and the prosecuting
agency.

(b) Notwithstanding paragraph (a), the Hennepin or Ramsey County sheriff may
not sell firearms, ammunition, or firearms accessories if the policy is disapproved by the
applicable county board.

new text begin (c) If property is sold under paragraph (a), the appropriate agency shall not sell
property to an officer or employee of the agency that seized the property or to a person
related to the officer or employee by blood or marriage.
new text end

new text begin (d) Sales of forfeited property under this section must be conducted in a
commercially reasonable manner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 17.

Minnesota Statutes 2008, section 609.5315, subdivision 2, is amended to read:


Subd. 2.

Disposition of administratively forfeited property.

If property is
forfeited administratively under section 609.5314 or 609.5318 and no demand for judicial
determination is made, the appropriate agency new text beginshall provide the county attorney with a
copy of the forfeiture or evidence receipt, the notice of seizure and intent to forfeit, a
statement of probable cause for forfeiture of the property, and a description of the property
and its estimated value. Upon review and certification by the county attorney that (1) the
appropriate agency provided a receipt in accordance with section 609.531, subdivision 4,
or 626.16; (2) the appropriate agency served notice in accordance with section 609.5314,
subdivision 2, or 609.5318, subdivision 2; and (3) probable cause for forfeiture exists
based on the officer's statement, the appropriate agency
new text endmay dispose of the property
in any of the ways listed in subdivision 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to
offenses committed on or after that date.
new text end

Sec. 18.

Minnesota Statutes 2008, section 609.5315, subdivision 6, is amended to read:


Subd. 6.

Reporting requirement.

new text begin(a) For each forfeiture occurring in the state
regardless of the authority for it,
new text endthe appropriate agency new text beginand the prosecutor new text endshall provide
a written record of deleted text begineachdeleted text end new text beginthe new text endforfeiture incident to the state auditor. The record shall
include the amount forfeited, new text beginthe statutory authority for the forfeiture, its new text enddate, deleted text beginanddeleted text end a brief
description of the circumstances involvednew text begin, and whether the forfeiture was contested. For
controlled substance and driving while impaired forfeitures, the record shall indicate
whether the forfeiture was initiated as an administrative or a judicial forfeiture
new text end. The
record shall also list the number of firearms forfeited and the make, model, and serial
number of each firearm forfeited. new text beginThe record shall indicate how the property was or is
to be disposed of.
new text end

new text begin (b) An appropriate agency or the prosecutor shall report to the state auditor all
instances in which property seized for forfeiture is returned to its owner either because
forfeiture is not pursued or for any other reason.
new text end

new text begin (c) new text endReports shall be made on a monthly basis in a manner prescribed by the state
auditor. The state auditor shall report annually to the legislature on the nature and extent
of forfeitures.

new text begin (d) For forfeitures resulting from the activities of multijurisdictional law
enforcement entities, the entity on its own behalf shall report the information required
in this subdivision.
new text end

new text begin (e) The prosecutor is not required to report information required by this subdivision
unless the prosecutor has been notified by the state auditor that the appropriate agency
has not reported it.
new text end

Sec. 19.

Minnesota Statutes 2008, section 609.762, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Reporting. new text end

new text begin The law enforcement and prosecuting agencies shall report on
forfeitures occurring under this section as described in section 609.5315, subdivision 6.
new text end

Sec. 20.

Minnesota Statutes 2008, section 609.905, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Reporting. new text end

new text begin The prosecuting authority shall report on forfeitures occurring
under this section as described in section 609.5315, subdivision 6.
new text end

Sec. 21. new text beginDEVELOPMENT OF ADMINISTRATIVE FORFEITURE NOTICE
LANGUAGE.
new text end

new text begin The commissioner of public safety, in consultation with the executive director of
the Peace Officer Standards and Training Board and the Minnesota County Attorneys
Association, shall recommend modifications to the notice language described in Minnesota
Statutes, sections 84.7741, subdivision 8, paragraph (c), clause (3); 169A.63, subdivision
8, paragraph (c), clause (3); and 609.5314, subdivision 2, paragraph (b), clause (3). By
January 15, 2011, the commissioner shall submit the recommended language to the chairs
and ranking minority members of the senate and house of representatives committees
having jurisdiction over criminal justice and civil law policy.
new text end